The Green-State Playbook

Here are five ways states can save climate policy despite Trump.

Nearly half of U.S. states, with more than half the U.S. population, have made climate pledges.  Trump’s election is a body blow to U.S. climate policy, but there are ways that those states can fight Trump and, importantluy, also move forward on their own plans. I’ve posted a new paper on states as havens for climate policy.  The paper goes into a lot more detail about the strategies and legal issues. But to cut to the chase, here are five key strategies for green states.

  1. Sue Trump. Then sue him again.  California and other states filed more than a hundred lawsuits against Trump in his first term. They need to do it again. Trump had a terrible litigation record last time. It might improve a bit this time, but he’s still likely to lose more cases than he wins.
  2. Defend California’s car waiver. Transportation is now the largest source of carbon emission in the U.S. Normally, only the federal EPA can regulate tailpipe emissions from vehicles. But there’s an exception that allows California to regulate if it gets a waiver from EPA, and then allows other states to piggyback on California standards.  Trump is almost certain to revoke the waiver on legal grounds, and states need to fight back hard on this issue.
  3. Partner with the private sector. When Trump tried to take away the California waiver last time, some major car companies made a deal with California: they got a little bit of a break on the regulatory side, but in return agreed to obey the standards even if California lost in court. This was a creative move, and there’s more that can be done along those lines.  States can also use green banks and other methods to nurture clean energy innovation.
  4. Don’t get in your own way. States have big plans to expand clean energy, but then they trip themselves up because projects get bogged down in permitting delays and local restrictions.  States need to rethink their laws to streamline the process and get projects built and operating.  Luckily, some states are making progress on this, and other states can learn lessons from their efforts.
  5. Take some jabs across state lines. One of the things that Red States did under Biden was to challenge laws they didn’t like in Blue States and go after firms whose policies they didn’t like.  Blue states have politely refrained from that kind of aggressive action. But that needs to change. Turnabout is fair play.

I won’t pretend that these actions are a panacea.  Scientists and economists are clear on the need for climate action, and we will pay a price for a federal government that ignores them.  But states can do a lot to limit the damage.

, , , , , , , ,

Reader Comments

2 Replies to “The Green-State Playbook”

  1. Clean energy projects like solar and wind power have demonstrably failed to mitigate climate change, are technically inefficient, and should stop receiving all taxpayer funding. Never again.

  2. yet another baseless comment from the right-wing echo-chamber. Climate change is a recognized fact by the vast majority of climate scientists (https://science.nasa.gov/climate-change/faq/do-scientists-agree-on-climate-change/). One way of addressing CO2 being released into our atmosphere obviously entails producing energy in a way not fueled by combustion engines, which solar and wind electricity generation accomplishes. No one ever said those alone would fully mitigate climate change — if you have a reference, please provide it (I’m not holding my breath). Stop parroting Fox News and try to bring some opinions supported by facts to the debate.

Leave a Reply

Your email address will not be published. Required fields are marked *

About Dan

Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…

READ more

About Dan

Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…

READ more

POSTS BY Dan